Hygrid Health Terms and Conditions of Use

Hygrid Health Terms and Conditions of Use

The following terms constitute an agreement between You and Hygrid Health, Inc. (“Hygrid Health”), the operator of hygrid.health, api.hygrid.health, and any of our other mobile or web services, applications, application programming interfaces, or platforms that we make generally available to our customers (the “App”). This agreement governs Your use of the App, both as a casual visitor and a registered member as described below.

By accessing or using the App, You agree to be bound by the terms of this Agreement. To the extent You register on the App as a member, then in addition to the terms that are applicable to all users of the App, the terms that apply only to members shall apply to You too. You ” and “ Your ” means and refers to the person(s) or legal entity (whether the company, organization, educational institution, or governmental agency, instrumentality, or department) that has accepted this Agreement under its own member account and that is using the Hygrid Health App or otherwise exercising rights under this Agreement.

Membership Eligibility

To become a member and access the area on this App reserved for members (the “Member Area”), Hygrid Health requires that You are either a (a) diagnosed patient of the particular community You are joining or a parent or legal guardian acting for such a patient who is under 18 years of age or incapacitated, (b) caregiver for a patient eligible to join such community, (c) health care professional (e.g. doctor, nurse, health researcher, etc.), (d) guest with legitimate, non-commercial reasons to participate in the community and who agrees to respect the privacy and preserve the dignity of all community participants (e) developer using Hygrid Health API services or (f) guest as authorized by a Hygrid Health member or employee.

Children under the age of 13 are prohibited from registering as members. By registering as a member You represent that You are age 13 or older.

This App Does Not Provide Medical Advice

All of the material provided on the App, such as text, treatments, dosages, outcomes, charts, patient profiles, graphics, photographs, images, advice, messages, forum postings, and any other material provided on the App are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding Your health. Never disregard professional medical advice or delay in seeking it because of something You have read on this App.

If You think You may have a medical emergency, call Your doctor or 911 immediately. Hygrid Health does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the App. Reliance on any information provided by Hygrid Health, by persons appearing on the App at the invitation of Hygrid Health, or by other members is solely at Your own risk.

Acceptable and Lawful Use of App by Members

Members shall not post or upload any information or other content on the App that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. Members shall not interfere with other members’ use and enjoyment of the App (for example, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity). Members may not use the App to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.

All members represent and warrant that the information they provided when registering as a member, and all information that they subsequently provide regarding themselves and their membership, is true and accurate and not misleading.

No Interference with Operation of App

You may not use any robot, spider, scraper, or other automated means to access the App or content or services provided on the App for any purposes. You may not post content on the App that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the App unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by members, or collect information about our members, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of Your membership account to take such actions.

Privacy

You agree that You have read, understood and accepted Hygrid Health's Privacy Policy. This policy explains Hygrid Health's collection of personal and non-personal information from You when using the App and its use of and sharing of such personal and non-personal information. We also encourage You to read our Openness philosophy.

Posting and Use of Content in the Member Area

The Member Area includes community areas, such as forums and member areas, where members may post messages, images, and other content (“User Submissions”). If You are a member, You (or the author) owns the copyright in the messages, images, and other content You post in the Member Area, but by posting such content within User Submissions to the Member Area You grant Hygrid Health and our affiliates the right to use, copy, display, perform, distribute, translate, edit, and create derivative works of Your User Submissions, subject to the terms of the Privacy Policy.

While some community areas in the Member Area are monitored periodically for topicality, Hygrid Health has no obligation to prescreen postings and is not responsible for their content. We encourage You to notify us of inappropriate or illegal content and we reserve the right to remove postings for any reason.

You agree not to disclose to any person or entity personally identifiable information about other members that You encounter while using this App (whether posted in the Member Area by a member or emailed to You by a member) without the express consent of such member. You may disclose information of a general nature (that could not identify the member who provided such information or whom such information is about) to third parties outside this App, subject to the above restriction on non-commercial use.

Member Password and Login Identity

You are responsible for maintaining the confidentiality of Your member password and login, and are fully responsible for all activities that occur under Your password or account with or without Your knowledge. If You knowingly provide Your login and password information to another person, Your membership privileges may be suspended temporarily or terminated. You agree to immediately notify Hygrid Health of any unauthorized use of Your membership password or login or any other breach of security.

Platform Use License

Hygrid Health hereby grants You a non-exclusive, non-transferable, worldwide right to access and use the App, solely with supported browsers through the Internet for Your own internal purposes, subject to the Terms of Service. You may not permit Hygrid Health to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant You any right to transfer or assign rights to access or use Hygrid Health. All rights not expressly granted to You are reserved by Hygrid Health and its licensors. You further acknowledge and agree that, as between the parties, Hygrid Health owns all right, title, and interest in and to Hygrid Health, including all intellectual property rights therein.

Independent Development

Nothing in this Agreement will impair Hygrid Health's right to develop, acquire, license, market, promote, or distribute products or technologies that perform the same or similar functions as, or otherwise compete with, Licensed Applications, Covered Products, or any other products or technologies that You may develop, produce, market, or distribute. Regardless of possible competitive products or technologies You develop, Hygrid Health will continue to provide the same service and pricing it provides to other developers.

Changes to the Service; Deprecation Policy

Hygrid Health will announce if it intends to remove major features from, or discontinue, an App or API or the Service. Hygrid Health will use commercially reasonable efforts to continue to operate those Hygrid Health App features without these changes until six months after the announcement, unless Hygrid Health determines in its reasonable good faith judgment that:

  • it is required by law or third-party relationship (including changes in law or relationships) to make those changes earlier; or
  • doing so could create a security risk or substantial economic or material technical burden.
  • Links to Other WebApps
  • Hygrid Health may contain links to other webApps that are not under the control of Hygrid Health. The inclusion of any link does not imply endorsement by Hygrid Health of such App and Hygrid Health is not responsible for the content of such linked Apps.

Membership Termination

You agree that Hygrid Health may, with or without cause, immediately terminate Your Hygrid Health membership or limit or terminate Your access to the Member Area or the App without prior notice. Without limiting the foregoing, the following may lead to a termination by Hygrid Health of a member's membership and use of the App: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by You (self-initiated membership cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Hygrid Health has no obligation to maintain, store, or transfer to You information or data that You have posted on or uploaded to the App.

Modifications to this Agreement

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this App. We encourage You to review this Agreement periodically for any updates or changes, which will have an update effective date.

Fees

Membership with Hygrid Health is based on a subscription fee. Hygrid Health will offer free features for a limited time and reserves the right to charge a subscription fee to access data on the platform. These fees will cover Hygrid’s data services and storage costs. Data on its platform will never be used for the purposes of advertising. Hygrid Health Inc. reserves the right to from time to time change the terms of this Agreement and charge for membership and/or to provide additional optional services for a fee.

Disclaimer of Warranties

The App and the content and services made available on the App are provided on an “as is” and “as available” basis. Hygrid Health does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the App, the App content, or any advice or services provided through the App to the extent permitted by law. Hygrid Health does not warrant that access to the App or its content or services will be uninterrupted or error-free or that defects in the App will be corrected. The advice, recommendations, information, and conclusions posted or emailed by other members of the App are not in any way vetted, approved or endorsed by Hygrid Health, and You use such information at Your own risk.

Limitation of Liability

Under no circumstances shall Hygrid Health, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to Your use of this App or due to Your reliance on any of the content contained or the services provided on the App.

Indemnification

You agree to indemnify and hold harmless Hygrid Health, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, Your violation of this Agreement.

International Users

Hygrid Health makes no claims that information on the App is appropriate or may be downloaded outside of the United States. Personal information (“Information”) that is submitted to this App will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy. If You are a non-U.S. user, You acknowledge and agree that Hygrid Health may collect and use Your Information and disclose it to other entities outside Your resident jurisdiction. In addition, such Information may be stored on servers located outside Your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with Your Information, You acknowledge that You consent to the transfer of such Information outside Your resident jurisdiction as detailed in our Privacy Policy. If You do not consent to such transfer, You may not use this App.

Member Notices

If You register as a member, You agree that Hygrid Health may send notices to You by email at the email address You provide when registering to become a member (or which You later update using the functionality of the App).

Governing Law and Venue

This agreement shall be governed by the laws of the State of California and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the App, shall be litigated exclusively in the state and federal courts residing in the State of California, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the State of California.

Miscellaneous Terms

Hygrid Health and the Hygrid Health logo are trademarks of Hygrid Health. You agree not to display or use these trademarks in any manner without Hygrid Health's prior, written permission. Hygrid Health may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect. For any questions or comments, or to report violations of this agreement, let us know, or contact us at:

support@hygrid.health